PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Big Game
[32 Pa.B. 2891] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, proposed the following amendments:
Add § 141.8a (relating to accompanying junior hunters) to clarify what accompany means as well as require those accompanying junior hunters to wear required safety orange; add § 141.19 (relating to killing game or wildlife to protect property) to list approved methods to kill game or wildlife for crop damage; and add § 141.41(5) and (6) (relating to general) to clarify the procedure of tagging and reporting of animals killed by accident or mistake.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the April 9, 2002, meeting of the Commission and comments on these proposals can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 1, 2002.
Proposed Addition of § 141.8a
1. Introduction
The Commission is proposing to add § 141.8a to further clarify the term ''accompany'' as it is used in section 2711(a)(8) of the code (relating to unlawful acts concerning licenses) and require those accompanying junior hunters to wear required safety orange.
2. Purpose and Authority
Section 2711(a)(8) of the code requires persons accompanying junior hunters to be close enough that verbal instructions and guidance can be easily understood. Many sportsmen are questioning and do not clearly understand current language regarding accompanying junior hunters. Adding this language will clarify what ''accompany'' means as well as require those accompanying junior hunters to wear required safety orange. This can be accomplished by adding § 141.8a.
Section 2102(a) of the code (relating to regulations) authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth. This amendment was proposed under this authority.
3. Regulatory Requirements
The proposed amendment would clarify the term ''accompany'' and require those accompanying junior hunters to wear required safety orange.
4. Persons Affected
Junior hunters and those accompanying them would be affected by this proposed amendment.
Proposed Addition of § 141.19
1. Introduction
The Commission is proposing to add § 141.19 to list approved methods to kill game or wildlife for crop damage.
2. Purpose and Authority
Section 2126(a)(2) of the code (relating to unlawful activities) provides that it is unlawful for persons killing game or wildlife for crop damage to use any method not approved by the Commission. The Commission has never formally listed approved methods. This can be accomplished by adding § 141.19.
Section 2102(a) of the code authorizes the Commission to promulgate regulations as it deems necessary and appropriate concerning game or wildlife in this Commonwealth. The amendment was proposed under this authority.
3. Regulatory Requirements
The proposed amendment will list approved methods to kill game or wildlife for crop damage.
4. Persons Affected
Farmers wishing to kill animals for crop damage would be affected.
Proposed Amendments to § 141.41
1. Introduction
The Commission is proposing to add § 141.41(5) and (6) to clarify the procedure for tagging and reporting of animals killed by accident or mistake.
2. Purpose and Authority
Section 2306 of the code (relating to killing game or wildlife by mistake) allows persons who have killed game or wildlife by mistake to deliver the animal to an officer of the Commission and pay restitution in lieu of penalty. There is often confusion regarding the tagging and reporting of animals killed by accident or mistake. The procedure can be clarified by amending § 141.41
Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The amendments were proposed under this authority.
3. Regulatory Requirements
The proposed amendments would clarify the procedure for tagging and reporting of animals killed by accident or mistake.
4. Persons Affected
Hunters who have killed animals by accident or mistake would be affected.
Cost and Paperwork Requirements
The proposed amendments should not result in any additional cost or paperwork.
Effective Date
The proposed amendments will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding the proposed amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-144. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.8a. Accompanying junior hunters.
It is unlawful while accompanying junior hunters under section 2711(a)(8) of the act (relating to unlawful acts concerning licenses) to be out of sight of or unable to physically or verbally control the junior hunter or to fail to comply with fluorescent orange requirements. Verbal instructions given through the use of an electronic or other sound amplification device do not meet this requirement.
§ 141.19. Killing game or wildlife to protect property.
(a) Persons authorized to kill game or wildlife under the authority of Chapter 21, Subchapter B of the act (relating to destruction for agricultural protection) shall be limited to use only those firearms and types of ammunition that have been approved by the Commission with regard to particular classifications, for the taking of game or wildlife during an open season.
(b) It is be unlawful for any person to use bows and arrows or crossbows and bolts or a muzzleloading firearm of any kind to kill game or wildlife under the authority of Chapter 21, Subchapter B of the act (relating to destruction for agricultural protection).
Subchapter C. BIG GAME (Editor's Note: See 32 Pa.B. 2892, 2893 (June 15, 2002) for a proposed rulemaking concerning this section.)
§ 141.41. General.
It is unlawful to:
* * * * * (5) Kill big game by mistake or accident and immediately after killing and before removing any big game from the location of the killing, fail to fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game.
(6) Kill big game by mistake or accident and fail to report the killing to the appropriate Commission regional office as soon as possible or no later than 12 hours after the time of kill.
[Pa.B. Doc. No. 02-1052. Filed for public inspection June 14, 2002, 9:00 a.m.]
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